Man accused of attempted homicide released on $1 bail

February 17, 2005|By BRIAN SCHROCK, Daily American Staff Writer

A Somerset man charged with attempting to kill a woman with a crowbar was released from the Somerset County Jail Monday on $1 bail.

Richard G. Marple, 63, requested a bail reduction as part of a "motion for relief" filed Feb. 7 in the Somerset County Courthouse. In the motion, Marple argued that he was entitled to "nominal" bail because of the time he spent behind bars awaiting trial.

"The petitioner avers that the 180-day time limit for bringing a case to trial provided in Rule 600 (of the Pennsylvania Rules of Criminal Procedure) expire(d) on Feb. 13, 2005, and the defendant is therefore entitled to nominal bail," Marple's attorney, public defender Michael Kuhn, wrote in the motion.

Rule 600 states that when a defendant is incarcerated, a trial "shall commence no later than 180 days from the date on which the complaint is filed."

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Kuhn said his client was "arrested, arraigned and incarcerated… on Aug. 18." A preliminary hearing was continued twice before Marple was ordered to stand trial on charges of attempted homicide, aggravated assault, simple assault and reckless endangerment.

Kuhn attributed one delay to the district justice and the other to police.

Marple is accused of assaulting Dinah Ann Jerin Aug. 18 following a night of drinking at her Jenner Township home.

Marple reportedly told police that Jerin struck him with a baseball bat, and in retaliation he used a crowbar to strike the woman "a couple of times" in the head. Afterwards, Marple left the residence and went to the Quemahoning Dam to "clear his head"

"He told (troopers) that when he left, he hoped that she was hurt," police wrote in a probable-cause affidavit.

Jerin's boyfriend, Karl Bailey, said he woke on the morning of Aug. 18 and saw Marple standing over Jerin with a crowbar in his hands. Jerin was unconscious on a couch, according to the complaint.

Bailey said he disarmed Marple, and later heard him saying, "I didn't do it."

Jerin was transported to Conemaugh's Memorial Medical Center in Johnstown, where she was treated for skull fractures and a large blood clot, according to the complaint. Her current condition could not be immediately confirmed.

As a condition of his bail, Marple is not allowed to contact Jerin or any witness. He must visit a probation officer weekly and is prohibited from purchasing or drinking alcohol.

Marple's attorney said he expects the case to be heard by a jury in March.

"There's a lot more to it than what was said at the preliminary hearing," Kuhn said, declining further comment about the specifics of the case.

Police amended the complaint Nov. 18 to include the attempted homicide charge, describing the purported weapon as either a crowbar or baseball bat.